HISTORY OF FORMATION AND DEVELOPMENT OF THE INSTITUTE OF PROVING WHILE USING PREVENTIVE MEASURES IN THE CRIMINAL JUSTICE OF UKRAINE TO THE JUDICIAL REFORM OF 1864
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 6, Issue
Abstract
The article is devoted to the research of the historical stages of formation and development of the institute of proving while using preventive measures. The author analyzes the provisions of the main normative acts that were in force on the territory of Ukraine prior to the judicial reform of 1864, insofar as it regulated the process of proving in the application of preventive measures in criminal proceedings. According to the results of this research, it was established that the institute of proving while using preventive measures was a complicated process in its development and formation, as throughout the centuries-old history of our country, its modern territory was under the authority of many states, which predetermined the existence of various legal systems at various historical stages and forming a rather diverse system of legal sources. The paper examines the issue of the sides participation in criminal proceedings to prove the use of preventive measures. Special attention is drawn to the peculiarities and structure of the object of proof during the use of the preventive measures. Thus, further research into the history of the formation and development of this institute in the territory of Ukraine and the formation of its individual elements is quite promising, not only because of the low-level issue, but also considering that the reference to historical experience is necessary in the course of reforming the domestic criminal procedural law.
Authors and Affiliations
М. О. Каліновська
Keywords
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- EP ID EP480369
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